[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 678

    To reauthorize and improve the Juvenile Justice and Delinquency 
            Prevention Act of 1974, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 2009

    Mr. Leahy (for himself, Mr. Specter, Mr. Kohl, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To reauthorize and improve the Juvenile Justice and Delinquency 
            Prevention Act of 1974, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice and Delinquency 
Prevention Reauthorization Act of 2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency 
                            Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Grants to Indian tribes.
Sec. 208. Research and evaluation; statistical analyses; information 
                            dissemination.
Sec. 209. Training and technical assistance.
Sec. 210. Incentive grants for State and local programs.
Sec. 211. Authorization of appropriations.
Sec. 212. Administrative authority.
Sec. 213. Technical and conforming amendments.
 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

SEC. 101. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:

``SEC. 101. FINDINGS.

    ``Congress finds the following:
            ``(1) A growing body of adolescent development research 
        supports the use of developmentally appropriate services and 
        sanctions for youth in the juvenile justice system and those at 
        risk for delinquent behavior to help prevent youth crime and to 
        successfully intervene with youth who have already entered the 
        system.
            ``(2) Research has shown that targeted investments to 
        redirect offending juveniles onto a different path are cost 
        effective and can help reduce juvenile recidivism and adult 
        crime.
            ``(3) Minorities are disproportionately represented in the 
        juvenile justice system.
            ``(4) Between 1990 and 2004, the number of youth in adult 
        jails increased by 208 percent.
            ``(5) Every day in the United States, an average of 7,500 
        youth are incarcerated in adult jails.
            ``(6) Youth who have been previously tried as adults are, 
        on average, 34 percent more likely to commit crimes than youth 
        retained in the juvenile justice system.
            ``(7) Research has shown that every dollar spent on 
        evidence based programs can yield up to $13 in cost savings.
            ``(8) Each child prevented from engaging in repeat criminal 
        offenses can save the community $1,700,000 to $3,400,000.
            ``(9) Youth are 19 times more likely to commit suicide in 
        jail than youth in the general population and 36 times more 
        likely to commit suicide in an adult jail than in a juvenile 
        detention facility.
            ``(10) Seventy percent of youth in detention are held for 
        nonviolent charges, and more than \2/3\ are charged with 
        property offenses, public order offenses, technical probation 
        violations, or status offenses, such as truancy, running away, 
        or breaking curfew.
            ``(11) The prevalence of mental disorders among youth in 
        juvenile justice systems is 2 to 3 times higher than among 
        youth in the general population.
            ``(12) Eighty percent of juveniles in juvenile justice 
        systems have a nexus to substance abuse.
            ``(13) The proportion of girls entering the justice system 
        has increased steadily over the past several decades, rising 
        from 20 percent in 1980 to 29 percent in 2003.''.

SEC. 102. PURPOSES.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5602) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) to support a continuum of programs (including 
        delinquency prevention, intervention, mental health and 
        substance abuse treatment, and aftercare) to address the needs 
        of at-risk youth and youth who come into contact with the 
        justice system.''.

SEC. 103. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (8), by amending subparagraph (C) to read 
        as follows:
                    ``(C) an Indian tribe; or'';
            (2) by amending paragraph (18) to read as follows:
            ``(18) the term `Indian tribe' has the meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b);'';
            (3) in paragraph (22), by striking ``or confine adults'' 
        and all that follows and inserting ``or confine adult 
        inmates;'';
            (4) in paragraph (25), by striking ``contact'' and 
        inserting ``sight and sound contact'';
            (5) by amending paragraph (26) to read as follows:
            ``(26) the term `adult inmate'--
                    ``(A) means an individual who--
                            ``(i) has reached the age of full criminal 
                        responsibility under applicable State law; and
                            ``(ii) has been arrested and is in custody 
                        for or awaiting trial on a criminal charge, or 
                        is convicted of a criminal charge offense; and
                    ``(B) does not include an individual who--
                            ``(i) at the time of the time of the 
                        offense, was younger than the maximum age at 
                        which a youth can be held in a juvenile 
                        facility under applicable State law; and
                            ``(ii) was committed to the care and 
                        custody of a juvenile correctional agency by a 
                        court of competent jurisdiction or by operation 
                        of applicable State law;'';
            (6) in paragraph (28), by striking ``and'' at the end;
            (7) in paragraph (29), by striking the period at the end 
        and inserting a semicolon; and
            (8) by adding at the end the following:
            ``(30) the term `core requirements' means the requirements 
        described in paragraphs (11), (12), (13), and (15) of section 
        223(a);
            ``(31) the term `chemical agent' means a spray used to 
        temporarily incapacitate a person, including oleoresin capsicum 
        spray, tear gas, and 2-chlorobenzalmalononitrile gas;
            ``(32) the term `isolation'--
                    ``(A) means any instance in which a youth is 
                confined alone for more than 15 minutes in a room or 
                cell; and
                    ``(B) does not include confinement during regularly 
                scheduled sleeping hours, or for not more than 1 hour 
                during any 24-hour period in the room or cell in which 
                the youth usually sleeps, protective confinement (for 
                injured youths or youths whose safety is threatened), 
                separation based on an approved treatment program, 
                confinement that is requested by the youth, or the 
                separation of the youth from a group in a non-locked 
                setting for the purpose of calming;
            ``(33) the term `restraint' has the meaning given that term 
        in section 591 of the Public Health Service Act (42 U.S.C. 
        290ii);
            ``(34) the term `evidence based' means a program or 
        practice that is demonstrated to be effective and that--
                    ``(A) is based on a clearly articulated and 
                empirically supported theory;
                    ``(B) has measurable outcomes, including a detailed 
                description of what outcomes were produced in a 
                particular population; and
                    ``(C) has been scientifically tested, optimally 
                through randomized control studies or comparison group 
                studies;
            ``(35) the term `promising' means a program or practice 
        that is demonstrated to be effective based on positive outcomes 
        from 1 or more objective evaluations, as documented in writing 
        to the Administrator;
            ``(36) the term `dangerous practice' means an act, 
        procedure, or program that creates an unreasonable risk of 
        physical injury, pain, or psychological harm to a juvenile 
        subjected to the act, procedure, or program;
            ``(37) the term `screening' means a brief process--
                    ``(A) designed to identify youth who may have 
                mental health or substance abuse needs requiring 
                immediate attention, intervention, and further 
                evaluation; and
                    ``(B) the purpose of which is to quickly identify a 
                youth with a possible mental health or substance abuse 
                need in need of further assessment;
            ``(38) the term `assessment' includes, at a minimum, an 
        interview and review of available records and other pertinent 
        information--
                    ``(A) by a mental health or substance abuse 
                professional who meets the criteria of the applicable 
                State for licensing and education in the mental health 
                or substance abuse field; and
                    ``(B) which is designed to identify significant 
                mental health or substance abuse treatment needs to be 
                addressed during a youth's confinement; and
            ``(39) the term `contact' means the point at which a youth 
        interacts with the juvenile justice system or criminal justice 
        system, including interaction with a juvenile justice, juvenile 
        court, or law enforcement official, and including brief, 
        sustained, or repeated interaction.''.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.

    Section 204(a)(2)(B)(i) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5614(a)(2)(B)(i)) is amended by 
striking ``240 days after the date of enactment of this paragraph'' and 
inserting ``July 2, 2009''.

SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5616) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``the Administrator of the 
                        Substance Abuse and Mental Health Services 
                        Administration, the Secretary of Defense, the 
                        Secretary of Agriculture,'' after ``the 
                        Secretary of Health and Human Services,''; and
                            (ii) by striking ``Commissioner of 
                        Immigration and Naturalization'' and inserting 
                        ``Assistant Secretary for Immigration and 
                        Customs Enforcement''; and
                    (B) in paragraph (2)(A), by inserting ``(including 
                at least 1 representative from the mental health 
                fields)'' after ``field of juvenile justice''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``paragraphs 
                (12)(A), (13), and (14) of section 223(a) of this 
                title'' and inserting ``the core requirements''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, on an annual basis'' 
                        after ``collectively'';
                            (ii) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (B),
                                    (I) by striking ``180 days after 
                                the date of the enactment of this 
                                paragraph'' and inserting ``May 3, 
                                2009'';
                                    (II) by striking ``Committee on 
                                Education and the Workforce'' and 
                                inserting ``Committee on Education and 
                                Labor''; and
                                    (III) by striking the period and 
                                inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(C) not later than 120 days after the completion of the 
        last meeting in any fiscal year, submit to Congress a report 
        regarding the recommendations described in subparagraph (A), 
        which shall--
                    ``(i) include a detailed account of the activities 
                conducted by the Council during the fiscal year, 
                including a complete detailed accounting of expenses 
                incurred by the Coordinating Council to conduct 
                operations in accordance with this section;
                    ``(ii) be published on the websites of the 
                Department of Justice and the Coordinating Council; and
                    ``(iii) be in addition to the annual report 
                required by section 207.''.

SEC. 203. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        fiscal year'' and inserting ``each fiscal year'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B), by inserting 
                ``, ethnicity,'' after ``race'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) in subparagraph (F)--
                            (i) by inserting ``and other'' before 
                        ``disabilities,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(G) a summary of data from 1 month of the 
                applicable fiscal year of the use of restraints and 
                isolation upon juveniles held in the custody of secure 
                detention and correctional facilities operated by a 
                State or unit of local government;
                    ``(H) the number of juveniles released from custody 
                and the type of living arrangement to which each such 
                juvenile was released;
                    ``(I) the number of status offense cases petitioned 
                to court (including a breakdown by type of offense and 
                disposition), number of status offenders held in secure 
                detention, the findings used to justify the use of 
                secure detention, and the average period of time a 
                status offender was held in secure detention; and
                    ``(J) the number of pregnant juveniles held in the 
                custody of secure detention and correctional facilities 
                operated by a State or unit of local government.''; and
            (3) by adding at the end the following:
            ``(5) A description of the criteria used to determine what 
        programs qualify as evidence based and promising programs under 
        this title and title V and a comprehensive list of those 
        programs the Administrator has determined meet such criteria.
            ``(6) A description of funding provided to Indian tribes 
        under this Act, including direct Federal grants and funding 
        provided to Indian tribes through a State or unit of local 
        government.
            ``(7) An analysis and evaluation of the internal controls 
        at Office of Juvenile Justice and Delinquency Prevention to 
        determine if grantees are following the requirements of Office 
        of Juvenile Justice and Delinquency Prevention grant programs 
        and what remedial action Office of Juvenile Justice and 
        Delinquency Prevention has taken to recover any grant funds 
        that are expended in violation of the grant programs, including 
        instances where supporting documentation was not provided for 
        cost reports, where unauthorized expenditures occurred, and 
        where subreceipients of grant funds were not compliant with 
        program requirements.
            ``(8) An analysis and evaluation of the total amount of 
        payments made to grantees that were recouped by the Office of 
        Juvenile Justice and Delinquency Prevention from grantees that 
        were found to be in violation of policies and procedures of the 
        Office of Juvenile Justice and Delinquency Prevention grant 
        programs. This analysis shall include the full name and 
        location of the grantee, the violation of the program found, 
        the amount of funds sought to be recouped by the Office of 
        Juvenile Justice and Delinquency Prevention, and the actual 
        amount recouped by the Office of Juvenile Justice and 
        Delinquency Prevention.''.

SEC. 204. ALLOCATION OF FUNDS.

    (a) Technical Assistance.--Section 221(b)(1) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1)) 
is amended by striking ``2 percent'' and inserting ``5 percent''.
    (b) Other Allocations.--Section 222 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)(1), by striking ``age eighteen.'' and 
        inserting ``18 years of age, based on the most recent census 
        data to monitor any significant changes in the relative 
        population of people under 18 years of age occurring in the 
        States.'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c)(1) If any amount allocated under subsection (a) is withheld 
from a State due to noncompliance with the core requirements, the funds 
shall be reallocated for an improvement grant designed to assist the 
State in achieving compliance with the core requirements.
    ``(2) The Administrator shall condition a grant described in 
paragraph (1) on--
            ``(A) the State, with the approval of the Administrator, 
        developing specific action steps designed to restore compliance 
        with the core requirements; and
            ``(B) submitting to the Administrator semiannually a report 
        on progress toward implementing the specific action steps 
        developed under subparagraph (A).
    ``(3) The Administrator shall provide appropriate and effective 
technical assistance directly or through an agreement with a contractor 
to assist a State receiving a grant described in paragraph (1) in 
achieving compliance with the core requirements.'';
            (4) in subsection (d), as so redesignated, by striking 
        ``efficient administration, including monitoring, evaluation, 
        and one full-time staff position'' and inserting ``effective 
        and efficient administration, including the designation of at 
        least 1 person to coordinate efforts to achieve and sustain 
        compliance with the core requirements''; and
            (5) in subsection (e), as so redesignated, by striking ``5 
        per centum of the minimum'' and inserting ``not more than 5 
        percent of the''.

SEC. 205. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``Not later than 30 days after the date on 
                which a plan or amended plan submitted under this 
                subsection is finalized, a State shall make the plan or 
                amended plan publicly available by posting the plan or 
                amended plan on a publicly available website.'' after 
                ``compliance with State plan requirements.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)(ii)--
                                    (I) in subclause (II), by striking 
                                ``counsel for children and youth'' and 
                                inserting ``publicly supported court-
                                appointed legal counsel for children 
                                and youth charged in delinquency 
                                matters'';
                                    (II) in subclause (III), by 
                                striking ``mental health, education, 
                                special education'' and inserting 
                                ``children's mental health, education, 
                                child and adolescent substance abuse, 
                                special education, services for youth 
                                with disabilities'';
                                    (III) in subclause (V), by striking 
                                ``delinquents or potential 
                                delinquents'' and inserting 
                                ``delinquent youth or youth at risk of 
                                delinquency, including volunteers who 
                                work with youth of color'';
                                    (IV) in subclause (VII), by 
                                striking ``and'' at the end;
                                    (V) by redesignating subclause 
                                (VIII) as subclause (XI);
                                    (VI) by inserting after subclause 
                                (VII) the following:
                                    ``(VIII) the executive director or 
                                the designee of the executive director 
                                of a public or nonprofit entity that is 
                                located in the State and receiving a 
                                grant under part A of title III;
                                    ``(IX) persons with expertise and 
                                competence in preventing and addressing 
                                mental health or substance abuse needs 
                                in juvenile delinquents and those at-
                                risk of delinquency;
                                    ``(X) representatives of victim or 
                                witness advocacy groups; and''; and
                                    (VII) in subclause (XI), as so 
                                redesignated, by striking 
                                ``disabilities'' and inserting ``and 
                                other disabilities, truancy reduction 
                                or school failure'';
                            (ii) in subparagraph (D)(ii), by striking 
                        ``requirements of paragraphs (11), (12), and 
                        (13)'' and inserting ``core requirements''; and
                            (iii) in subparagraph (E)(i), by adding 
                        ``and'' at the end;
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 222(d)'' and 
                        inserting ``section 222(e)''; and
                            (ii) in subparagraph (C), by striking 
                        ``Indian tribes'' and all that follows through 
                        ``applicable to the detention and confinement 
                        of juveniles'' and inserting ``Indian tribes 
                        that agree to attempt to comply with the core 
                        requirements applicable to the detention and 
                        confinement of juveniles'';
                    (D) in paragraph (7)(B)--
                            (i) by striking clause (i) and inserting 
                        the following:
                    ``(i) a plan for ensuring that the chief executive 
                officer of the State, State legislature, and all 
                appropriate public agencies in the State with 
                responsibility for provision of services to children, 
                youth and families are informed of the requirements of 
                the State plan and compliance with the core 
                requirements;'';
                            (ii) in clause (iii), by striking ``and'' 
                        at the end; and
                            (iii) by striking clause (iv) and inserting 
                        the following:
                    ``(iv) a plan to provide alternatives to detention, 
                including diversion to home-based or community-based 
                services that are culturally and linguistically 
                competent or treatment for those youth in need of 
                mental health, substance abuse, or co-occurring 
                disorder services at the time such juveniles first come 
                into contact with the juvenile justice system;
                    ``(v) a plan to reduce the number of children 
                housed in secure detention and corrections facilities 
                who are awaiting placement in residential treatment 
                programs;
                    ``(vi) a plan to engage family members in the 
                design and delivery of juvenile delinquency prevention 
                and treatment services, particularly post-placement; 
                and
                    ``(vii) a plan to use community-based services to 
                address the needs of at-risk youth or youth who have 
                come into contact with the juvenile justice system;'';
                    (E) in paragraph (8), by striking ``existing'' and 
                inserting ``evidence based and promising'';
                    (F) in paragraph (9)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 222(d)'' and 
                        inserting ``section 222(e)'';
                            (ii) in subparagraph (A)(i), by inserting 
                        ``status offenders and other'' before ``youth 
                        who need'';
                            (iii) in subparagraph (B)(i)--
                                    (I) by striking ``parents and other 
                                family members'' and inserting ``status 
                                offenders, other youth, and the parents 
                                and other family members of such 
                                offenders and youth''; and
                                    (II) by striking ``be retained'' 
                                and inserting ``remain'';
                            (iv) by redesignating subparagraphs (G) 
                        through (S) as subparagraphs (J) through (V), 
                        respectively;
                            (v) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively;
                            (vi) by inserting after subparagraph (D) 
                        the following:
                    ``(E) providing training and technical assistance 
                to, and consultation with, juvenile justice and child 
                welfare agencies of States and units of local 
                government to develop coordinated plans for early 
                intervention and treatment of youth who have a history 
                of abuse and juveniles who have prior involvement with 
                the juvenile justice system;'';
                            (vii) in subparagraph (G), as so 
                        redesignated, by striking ``expanding'' and 
                        inserting ``programs to expand'';
                            (viii) by inserting after subparagraph (G), 
                        as so redesignated, the following:
                    ``(H) programs to improve the recruitment, 
                selection, training, and retention of professional 
                personnel in the fields of medicine, law enforcement, 
                judiciary, juvenile justice, social work and child 
                protection, education, and other relevant fields who 
                are engaged in, or intend to work in, the field of 
                prevention, identification, and treatment of 
                delinquency;
                    ``(I) expanding access to publicly supported, 
                court-appointed legal counsel and enhancing capacity 
                for the competent representation of every child;'';
                            (ix) in subparagraph (O), as so 
                        redesignated--
                                    (I) in clause (i), by striking 
                                ``restraints'' and inserting 
                                ``alternatives''; and
                                    (II) in clause (ii), by striking 
                                ``by the provision''; and
                            (x) in subparagraph (V), as so 
                        redesignated, by striking the period at the end 
                        and inserting a semicolon;
                    (G) in paragraph (11)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by adding ``and'' 
                        at the end; and
                            (iii) by adding at the end the following:
                    ``(C) encourage the use of community-based 
                alternatives to secure detention, including programs of 
                public and nonprofit entities receiving a grant under 
                part A of title III;'';
                    (H) in paragraph (12)(A), by striking ``contact'' 
                and inserting ``sight and sound contact'';
                    (I) in paragraph (13), by striking ``contact'' each 
                place it appears and inserting ``sight and sound 
                contact'';
                    (J) by striking paragraph (22);
                    (K) by redesignating paragraphs (23) through (28) 
                as paragraphs (24) through (29), respectively;
                    (L) by redesignating paragraphs (14) through (21) 
                as paragraphs (16) through (23), respectively;
                    (M) by inserting after paragraph (13) the 
                following:
            ``(14) require that--
                    ``(A) not later than 3 years after the date of 
                enactment of the Juvenile Justice and Delinquency 
                Prevention Reauthorization Act of 2009, unless a court 
                finds, after a hearing and in writing, that it is in 
                the interest of justice, juveniles awaiting trial or 
                other legal process who are treated as adults for 
                purposes of prosecution in criminal court and housed in 
                a secure facility--
                            ``(i) shall not have sight and sound 
                        contact with adult inmates; and
                            ``(ii) except as provided in paragraph 
                        (13), may not be held in any jail or lockup for 
                        adults;
                    ``(B) in determining under subparagraph (A) whether 
                it is in the interest of justice to permit a juvenile 
                to be held in any jail or lockup for adults, or have 
                sight and sound contact with adult inmates, a court 
                shall consider--
                            ``(i) the age of the juvenile;
                            ``(ii) the physical and mental maturity of 
                        the juvenile;
                            ``(iii) the present mental state of the 
                        juvenile, including whether the juvenile 
                        presents an imminent risk of harm to the 
                        juvenile;
                            ``(iv) the nature and circumstances of the 
                        alleged offense;
                            ``(v) the juvenile's history of prior 
                        delinquent acts;
                            ``(vi) the relative ability of the 
                        available adult and juvenile detention 
                        facilities to meet the specific needs of the 
                        juvenile and to protect the public;
                            ``(vii) whether placement in a juvenile 
                        facility will better serve the long-term 
                        interests of the juvenile and be more likely to 
                        prevent recidivism;
                            ``(viii) the availability of programs 
                        designed to treat the juvenile's behavioral 
                        problems; and
                            ``(ix) any other relevant factor; and
                    ``(C) if a court determines under subparagraph (A) 
                that it is in the interest of justice to permit a 
                juvenile to be held in any jail or lockup for adults, 
                or have sight and sound contact with adult inmates--
                            ``(i) the court shall hold a hearing not 
                        less frequently than once every 30 days to 
                        review whether it is still in the interest of 
                        justice to permit the juvenile to be so held or 
                        have such sight and sound contact; and
                            ``(ii) the juvenile shall not be held in 
                        any jail or lockup for adults, or permitted to 
                        have sight and sound contact with adult 
                        inmates, for more than 180 days, unless the 
                        court, in writing, determines there is good 
                        cause for an extension or the juvenile 
                        expressly waives this limitation;
            ``(15) implement policy, practice, and system improvement 
        strategies at the State, territorial, local, and tribal levels, 
        as applicable, to identify and reduce racial and ethnic 
        disparities among youth who come into contact with the juvenile 
        justice system, without establishing or requiring numerical 
        standards or quotas, by--
                    ``(A) establishing coordinating bodies, composed of 
                juvenile justice stakeholders at the State, local, or 
                tribal levels, to oversee and monitor efforts by 
                States, units of local government, and Indian tribes to 
                reduce racial and ethnic disparities;
                    ``(B) identifying and analyzing key decision points 
                in State, local, or tribal juvenile justice systems to 
                determine which points create racial and ethnic 
                disparities among youth who come into contact with the 
                juvenile justice system;
                    ``(C) developing and implementing data collection 
                and analysis systems to identify where racial and 
                ethnic disparities exist in the juvenile justice system 
                and to track and analyze such disparities;
                    ``(D) developing and implementing a work plan that 
                includes measurable objectives for policy, practice, or 
                other system changes, based on the needs identified in 
                the data collection and analysis under subparagraphs 
                (B) and (C); and
                    ``(E) publicly reporting, on an annual basis, the 
                efforts made in accordance with subparagraphs (B), (C), 
                and (D);''
                    (N) in paragraph (16), as so redesignated--
                            (i) by striking ``adequate system'' and 
                        inserting ``effective system'';
                            (ii) by striking ``requirements of 
                        paragraph (11),'' and all that follows through 
                        ``monitoring to the Administrator'' and 
                        inserting ``the core requirements are met, and 
                        for annual reporting to the Administrator of 
                        such plan, including the results of such 
                        monitoring and all related enforcement and 
                        educational activities''; and
                            (iii) by striking ``, in the opinion of the 
                        Administrator,'';
                    (O) in paragraph (17), as so redesignated, by 
                inserting ``ethnicity,'' after ``race,'';
                    (P) in paragraph (24), as so redesignated--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by adding 
                                ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) if such court determines the 
                        juvenile should be placed in a secure detention 
                        facility or correctional facility for violating 
                        such order--
                                    ``(I) the court shall issue a 
                                written order that--
                                            ``(aa) identifies the valid 
                                        court order that has been 
                                        violated;
                                            ``(bb) specifies the 
                                        factual basis for determining 
                                        that there is reasonable cause 
                                        to believe that the juvenile 
                                        has violated such order;
                                            ``(cc) includes findings of 
                                        fact to support a determination 
                                        that there is no appropriate 
                                        less restrictive alternative 
                                        available to placing the 
                                        juvenile in such a facility, 
                                        with due consideration to the 
                                        best interest of the juvenile;
                                            ``(dd) specifies the length 
                                        of time, not to exceed 7 days, 
                                        that the juvenile may remain in 
                                        a secure detention facility or 
                                        correctional facility, and 
                                        includes a plan for the 
                                        juvenile's release from such 
                                        facility; and
                                            ``(ee) may not be renewed 
                                        or extended; and
                                    ``(II) the court may not issue a 
                                second or subsequent order described in 
                                subclause (I) relating to a juvenile, 
                                unless the juvenile violates a valid 
                                court order after the date on which the 
                                court issues an order described in 
                                subclause (I);''; and
                            (iii) by adding at the end the following:
                    ``(D) there are procedures in place to ensure that 
                any juvenile held in a secure detention facility or 
                correctional facility pursuant to a court order 
                described in this paragraph does not remain in custody 
                longer than 7 days or the length of time authorized by 
                the court, which ever is shorter; and
                    ``(E) not later than 3 years after the date of 
                enactment of the Juvenile Justice and Delinquency 
                Prevention Reauthorization Act of 2009 with a 1 year 
                extension for each additional year that the State can 
                demonstrate hardship as determined by the 
                Administrator, the State will eliminate the use of 
                valid court orders to provide secure lockup of status 
                offenders;'';
                    (Q) in paragraph (26), as so redesignated, by 
                striking ``section 222(d)'' and inserting ``section 
                222(e)'';
                    (R) in paragraph (27), as so redesignated--
                            (i) by inserting ``and in accordance with 
                        confidentiality concerns,'' after ``maximum 
                        extent practicable,''; and
                            (ii) by striking the semicolon at the end 
                        and inserting the following: ``, so as to 
                        provide for--
                    ``(A) a compilation of data reflecting information 
                on juveniles entering the juvenile justice system with 
                a prior reported history as victims of child abuse or 
                neglect through arrest, court intake, probation and 
                parole, juvenile detention, and corrections; and
                    ``(B) a plan to use the data described in 
                subparagraph (A) to provide necessary services for the 
                treatment of victims of child abuse and neglect who 
                have entered, or are at risk of entering, the juvenile 
                justice system;'';
                    (S) in paragraph (28), as so redesignated--
                            (i) by striking ``establish policies'' and 
                        inserting ``establish protocols, policies, 
                        procedures,''; and
                            (ii) by striking ``and'' at the end;
                    (T) in paragraph (29), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (U) by adding at the end the following:
            ``(30) provide for the coordinated use of funds provided 
        under this Act with other Federal and State funds directed at 
        juvenile delinquency prevention and intervention programs;
            ``(31) develop policies and procedures, and provide 
        training for facility staff to eliminate the use of dangerous 
        practices, unreasonable restraints, and unreasonable isolation, 
        including by developing effective behavior management 
        techniques;
            ``(32) describe--
                    ``(A) how the State will ensure that mental health 
                and substance abuse screening, assessment, referral, 
                and treatment for juveniles in the juvenile justice 
                system includes efforts to implement an evidence-based 
                mental health and substance abuse disorder screening 
                and assessment program for all juveniles held in a 
                secure facility for a period of more than 24 hours that 
                provides for 1 or more initial screenings and, if an 
                initial screening of a juvenile demonstrates a need, 
                further assessment;
                    ``(B) the method to be used by the State to provide 
                screening and, where needed, assessment, referral, and 
                treatment for youth who request or show signs of 
                needing mental health or substance abuse screening, 
                assessment, referral, or treatment during the period 
                after the initial screening that the youth is 
                incarcerated;
                    ``(C) the method to be used by the State to provide 
                or arrange for mental health and substance abuse 
                disorder treatment for juveniles determined to be in 
                need of such treatment; and
                    ``(D) the policies of the State designed to develop 
                and implement comprehensive collaborative State or 
                local plans to meet the service needs of juveniles with 
                mental health or substance abuse needs who come into 
                contact with the justice system and the families of the 
                juveniles;
            ``(33) provide procedural safeguards to adjudicated 
        juveniles, including--
                    ``(A) a written case plan for each juvenile, based 
                on an assessment of the needs of the juvenile and 
                developed and updated in consultation with the 
                juvenile, the family of the juvenile, and, if 
                appropriate, counsel for the juvenile, that--
                            ``(i) describes the pre-release and post-
                        release programs and reentry services that will 
                        be provided to the juvenile;
                            ``(ii) describes the living arrangement to 
                        which the juvenile is to be discharged; and
                            ``(iii) establishes a plan for the 
                        enrollment of the juvenile in post-release 
                        health care, behavioral health care, 
                        educational, vocational, training, family 
                        support, public assistance, and legal services 
                        programs, as appropriate;
                    ``(B) as appropriate, a hearing that--
                            ``(i) shall take place in a family or 
                        juvenile court or another court (including a 
                        tribal court) of competent jurisdiction, or by 
                        an administrative body appointed or approved by 
                        the court, not earlier than 30 days before the 
                        date on which the juvenile is scheduled to be 
                        released, and at which the juvenile would be 
                        represented by counsel; and
                            ``(ii) shall determine the discharge plan 
                        for the juvenile, including a determination of 
                        whether a safe, appropriate, and permanent 
                        living arrangement has been secured for the 
                        juvenile and whether enrollment in health care, 
                        behavioral health care, educational, 
                        vocational, training, family support, public 
                        assistance and legal services, as appropriate, 
                        has been arranged for the juvenile; and
                    ``(C) policies to ensure that discharge planning 
                and procedures--
                            ``(i) are accomplished in a timely fashion 
                        prior to the release from custody of each 
                        adjudicated juvenile; and
                            ``(ii) do not delay the release from 
                        custody of the juvenile; and
            ``(34) provide a description of the use by the State of 
        funds for reentry and aftercare services for juveniles released 
        from the juvenile justice system.'';
            (2) in subsection (c)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``applicable requirements 
                        of paragraphs (11), (12), (13), and (22) of 
                        subsection (a)'' and inserting ``core 
                        requirements''; and
                            (ii) by striking ``2001, then'' and 
                        inserting ``2009'';
                    (B) in paragraph (1)--
                            (i) by striking ``the subsequent fiscal 
                        year'' and inserting ``that fiscal year''; and
                            (ii) by striking ``, and'' at the end and 
                        inserting a semicolon;
                    (C) in paragraph (2)(B)(ii)--
                            (i) by inserting ``, administrative,'' 
                        after ``appropriate executive''; and
                            (ii) by striking the period at the end and 
                        inserting ``, as specified in section 222(c); 
                        and''; and
                    (D) by adding at the end the following:
            ``(3) the State shall submit to the Administrator a report 
        detailing the reasons for noncompliance with the core 
        requirements, including the plan of the State to regain full 
        compliance, and the State shall make publicly available such 
        report, not later than 30 days after the date on which the 
        Administrator approves the report, by posting the report on a 
        publicly available website.'';
            (3) in subsection (d)--
                    (A) by striking ``section 222(d)'' and inserting 
                ``section 222(e)'';
                    (B) by striking ``described in paragraphs (11), 
                (12), (13), and (22) of subsection (a)'' and inserting 
                ``described in the core requirements''; and
                    (C) by striking ``the requirements under paragraphs 
                (11), (12), (13), and (22) of subsection (a)'' and 
                inserting ``the core requirements''; and
            (4) by striking subsection (f) and inserting the following:
    ``(f) Compliance Determination.--
            ``(1) In general.--Not later than 60 days after the date of 
        receipt of information indicating that a State may be out of 
        compliance with any of the core requirements, the Administrator 
        shall determine whether the State is in compliance with the 
        core requirements.
            ``(2) Reporting.--The Administrator shall--
                    ``(A) issue an annual public report--
                            ``(i) describing any determination 
                        described in paragraph (1) made during the 
                        previous year, including a summary of the 
                        information on which the determination is based 
                        and the actions to be taken by the 
                        Administrator (including a description of any 
                        reduction imposed under subsection (c)); and
                            ``(ii) for any such determination that a 
                        State is out of compliance with any of the core 
                        requirements, describing the basis for the 
                        determination; and
                    ``(B) make the report described in subparagraph (A) 
                available on a publicly available website.
    ``(g) Technical Assistance.--
            ``(1) Organization of state advisory group member 
        representatives.--The Administrator shall provide technical and 
        financial assistance to an agency, institution, or organization 
        to assist in carrying out the activities described in paragraph 
        (3). The functions and activities of an agency, institution, or 
        organization under this subsection shall not be subject to the 
        Federal Advisory Committee Act.
            ``(2) Composition.--To be eligible to receive assistance 
        under this subsection, an agency, institution, or organization 
        shall--
                    ``(A) be governed by individuals who--
                            ``(i) have been appointed by a chief 
                        executive of a State to serve as a member of a 
                        State advisory group established under 
                        subsection (a)(3); and
                            ``(ii) are elected to serve as a governing 
                        officer of such an agency, institution, or 
                        organization by a majority of the member Chairs 
                        (or the designees of the member Chairs) of all 
                        State advisory groups established under 
                        subsection (a)(3);
                    ``(B) include member representatives--
                            ``(i) from a majority of the State advisory 
                        groups established under subsection (a)(3); and
                            ``(ii) who are representative of regionally 
                        and demographically diverse State 
                        jurisdictions; and
                    ``(C) annually seek advice from the Chairs (or the 
                designees of the member Chairs) of each State advisory 
                group established under subsection (a)(3) to implement 
                the advisory functions specified in subparagraphs (D) 
                and (E) of paragraph (3) of this subsection.
            ``(3) Activities.--To be eligible to receive assistance 
        under this subsection, an agency, institution, or organization 
        shall agree to--
                    ``(A) conduct an annual conference of the member 
                representatives of the State advisory groups 
                established under subsection (a)(3) for purposes 
                relating to the activities of such State advisory 
                groups;
                    ``(B) disseminate information, data, standards, 
                advanced techniques, and program models;
                    ``(C) review Federal policies regarding juvenile 
                justice and delinquency prevention;
                    ``(D) advise the Administrator regarding particular 
                functions or aspects of the work of the Office; and
                    ``(E) advise the President and Congress regarding 
                State perspectives on the operation of the Office and 
                Federal legislation relating to juvenile justice and 
                delinquency prevention.''.

SEC. 206. AUTHORITY TO MAKE GRANTS.

    Section 241(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5651(a)) is amended--
            (1) in paragraph (1), by inserting ``status offenders,'' 
        before ``juvenile offenders, and juveniles'';
            (2) in paragraph (5), by striking ``juvenile offenders and 
        juveniles'' and inserting ``status offenders, juvenile 
        offenders, and juveniles'';
            (3) in paragraph (10), by inserting ``, including juveniles 
        with disabilities'' before the semicolon;
            (4) in paragraph (17), by inserting ``truancy prevention 
        and reduction,'' after ``mentoring,'';
            (5) in paragraph (24), by striking ``and'' at the end;
            (6) by redesignating paragraph (25) as paragraph (26); and
            (7) by inserting after paragraph (24) the following:
            ``(25) projects that support the establishment of 
        partnerships between a State and a university, institution of 
        higher education, or research center designed to improve the 
        recruitment, selection, training, and retention of professional 
        personnel in the fields of medicine, law enforcement, 
        judiciary, juvenile justice, social work and child protection, 
        education, and other relevant fields who are engaged in, or 
        intend to work in, the field of prevention, identification, and 
        treatment of delinquency; and''.

SEC. 207. GRANTS TO INDIAN TRIBES.

    (a) In General.--Section 246(a)(2) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended--
            (1) by striking subparagraph (A);
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (A) through (D), respectively; and
            (3) in subparagraph (B)(ii), as so redesignated, by 
        striking ``subparagraph (B)'' and inserting ``subparagraph 
        (A)''.
    (b) Technical and Conforming Amendment.--Section 223(a)(7)(A) of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
5633(a)(7)(A)) is amended by striking ``(including any geographical 
area in which an Indian tribe performs law enforcement functions)'' and 
inserting ``(including any geographical area of which an Indian tribe 
has jurisdiction)''.

SEC. 208. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    (a) In General.--Section 251 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter proceeding subparagraph 
                        (A), by striking ``may'' and inserting 
                        ``shall'';
                            (ii) in subparagraph (A), by striking 
                        ``plan and identify'' and inserting ``annually 
                        provide a written and publicly available plan 
                        to identify''; and
                            (iii) in subparagraph (B)--
                                    (I) by amending clause (iii) to 
                                read as follows:
                    ``(iii) successful efforts to prevent status 
                offenders and first-time minor offenders from 
                subsequent involvement with the criminal justice 
                system;'';
                                    (II) by amending clause (vii) to 
                                read as follows:
                    ``(vii) the prevalence and duration of behavioral 
                health needs (including mental health, substance abuse, 
                and co-occurring disorders) among juveniles pre-
                placement and post-placement when held in the custody 
                of secure detention and corrections facilities, 
                including an examination of the effects of 
                confinement;'';
                                    (III) by redesignating clauses 
                                (ix), (x), and (xi) as clauses (xi), 
                                (xii), and (xiii), respectively; and
                                    (IV) by inserting after clause 
                                (viii) the following:
                    ``(ix) training efforts and reforms that have 
                produced reductions in or elimination of the use of 
                dangerous practices;
                    ``(x) methods to improve the recruitment, 
                selection, training, and retention of professional 
                personnel in the fields of medicine, law enforcement, 
                judiciary, juvenile justice, social work and child 
                protection, education, and other relevant fields who 
                are engaged in, or intend to work in, the field of 
                prevention, identification, and treatment of 
                delinquency;''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and not later than 1 year 
                        after the date of enactment of the Juvenile 
                        Justice and Delinquency Prevention 
                        Reauthorization Act of 2009'' after ``date of 
                        enactment of this paragraph'';
                            (ii) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (G), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
            ``(H) a description of the best practices in discharge 
        planning; and
            ``(I) an assessment of living arrangements for juveniles 
        who cannot return to the homes of the juveniles.'';
            (2) in subsection (b), in the matter preceding paragraph 
        (a), by striking ``may'' and inserting ``shall''; and
            (3) by adding at the end the following:
    ``(f) National Recidivism Measure.--The Administrator, in 
consultation with experts in the field of juvenile justice research, 
recidivism, and date collection, shall--
            ``(1) establish a uniform method of data collection and 
        technology that States shall use to evaluate data on juvenile 
        recidivism on an annual basis;
            ``(2) establish a common national juvenile recidivism 
        measurement system; and
            ``(3) make cumulative juvenile recidivism data that is 
        collected from States available to the public.''.
    (b) Studies.--
            (1) Assessment of treating juveniles as adults.--The 
        Administrator shall--
                    (A) not later than 3 years after the date of 
                enactment of this Act, assess the effectiveness of the 
                practice of treating youth under 18 years of age as 
                adults for purposes of prosecution in criminal court; 
                and
                    (B) not later than 42 months after the date of 
                enactment of this Act, submit to Congress and the 
                President, and make publicly available, a report on the 
                findings and conclusions of the assessment under 
                subparagraph (A) and any recommended changes in law 
                identified as a result of the assessment under 
                subparagraph (A).
            (2) Outcome study of former juvenile offenders.--The 
        Administrator shall conduct a study of adjudicated juveniles 
        and publish a report on the outcomes for juveniles who have 
        reintegrated into the community, which shall include 
        information on the outcomes relating to family reunification, 
        housing, education, employment, health care, behavioral health 
        care, and repeat offending.
            (3) Disabilities.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall conduct a study 
        that addresses the prevalence of disability and various types 
        of disabilities in the juvenile justice population.
            (4) Definition of administrator.--In this subsection, the 
        term ``Administrator'' means the head of the Office of Juvenile 
        Justice and Delinquency Prevention.

SEC. 209. TRAINING AND TECHNICAL ASSISTANCE.

    Section 252 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5662) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1), by inserting ``shall'' before 
                ``develop and carry out projects''; and
                    (C) in paragraph (2), by inserting ``may'' before 
                ``make grants to and contracts with'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1)--
                            (i) by inserting ``shall'' before ``develop 
                        and implement projects''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (2)--
                            (i) by inserting ``may'' before ``make 
                        grants to and contracts with''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(3) shall provide technical assistance to States and 
        units of local government on achieving compliance with the 
        amendments made by the Juvenile Justice and Delinquency 
        Prevention Reauthorization Act of 2009; and
            ``(4) shall provide technical assistance to States in 
        support of efforts to establish partnerships between the State 
        and a university, institution of higher education, or research 
        center designed to improve the recruitment, selection, 
        training, and retention of professional personnel in the fields 
        of medicine, law enforcement, judiciary, juvenile justice, 
        social work and child protection, education, and other relevant 
        fields who are engaged in, or intend to work in, the field of 
        prevention, identification, and treatment of delinquency.''; 
        and
            (3) by adding at the end the following:
    ``(d) Technical Assistance to States Regarding Legal Representation 
of Children.--The Administrator shall develop and issue standards of 
practice for attorneys representing children, and ensure that the 
standards are adapted for use in States.
    ``(e) Training and Technical Assistance for Local and State 
Juvenile Detention and Corrections Personnel.--The Administrator shall 
coordinate training and technical assistance programs with juvenile 
detention and corrections personnel of States and units of local 
government to--
            ``(1) promote methods for improving conditions of juvenile 
        confinement, including those that are designed to minimize the 
        use of dangerous practices, unreasonable restraints, and 
        isolation; and
            ``(2) encourage alternative behavior management techniques.
    ``(f) Training and Technical Assistance To Support Mental Health or 
Substance Abuse Treatment Including Home-Based or Community-Based 
Care.--The Administrator shall provide training and technical 
assistance, in conjunction with the appropriate public agencies, to 
individuals involved in making decisions regarding the disposition of 
cases for youth who enter the juvenile justice system about the 
appropriate services and placement for youth with mental health or 
substance abuse needs, including--
            ``(1) juvenile justice intake personnel;
            ``(2) probation officers;
            ``(3) juvenile court judges and court services personnel;
            ``(4) prosecutors and court-appointed counsel; and
            ``(5) family members of juveniles and family advocates.''.

SEC. 210. INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following:

        ``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS

``SEC. 271. INCENTIVE GRANTS.

    ``(a) Incentive Grant Funds.--The Administrator may make incentive 
grants to a State, unit of local government, or combination of States 
and local governments to assist a State, unit of local government, or 
combination thereof in carrying out an activity identified in 
subsection (b)(1).
    ``(b) Use of Funds.--
            ``(1) In general.--An incentive grant made by the 
        Administrator under this section may be used to--
                    ``(A) increase the use of evidence based or 
                promising prevention and intervention programs;
                    ``(B) improve the recruitment, selection, training, 
                and retention of professional personnel (including in 
                the fields of medicine, law enforcement, judiciary, 
                juvenile justice, social work, and child prevention) 
                who are engaged in, or intend to work in, the field of 
                prevention, intervention, and treatment of juveniles to 
                reduce delinquency;
                    ``(C) establish or support a partnership between 
                juvenile justice agencies of a State or unit of local 
                government and mental health authorities of State or 
                unit of local government to establish and implement 
                programs to ensure there are adequate mental health and 
                substance abuse screening, assessment, referral, 
                treatment, and after-care services for juveniles who 
                come into contact with the justice system by--
                            ``(i) carrying out programs that divert 
                        from incarceration juveniles who come into 
                        contact with the justice system (including 
                        facilities contracted for operation by State or 
                        local juvenile authorities) and have mental 
                        health or substance abuse needs--
                                    ``(I) when such juveniles are at 
                                imminent risk of being taken into 
                                custody;
                                    ``(II) at the time such juveniles 
                                are initially taken into custody;
                                    ``(III) after such juveniles are 
                                charged with an offense or act of 
                                juvenile delinquency;
                                    ``(IV) after such juveniles are 
                                adjudicated delinquent and before case 
                                disposition; and
                                    ``(V) after such juveniles are 
                                committed to secure placement; or
                            ``(ii) improving treatment of juveniles 
                        with mental health needs by working to ensure--
                                    ``(I) that--
                                            ``(aa) initial mental 
                                        health screening is--

                                                    ``(AA) completed 
                                                for a juvenile 
                                                immediately upon 
                                                entering the juvenile 
                                                justice system or a 
                                                juvenile facility; and

                                                    ``(BB) conducted by 
                                                qualified health and 
                                                mental health 
                                                professionals or by 
                                                staff who have been 
                                                trained by qualified 
                                                health, mental health, 
                                                and substance abuse 
                                                professionals; and

                                            ``(bb) in the case of 
                                        screening, results that 
                                        indicate possible need for 
                                        mental health or substance 
                                        abuse services are reviewed by 
                                        qualified mental health or 
                                        substance abuse treatment 
                                        professionals not later than 24 
                                        hours after the screening;
                                    ``(II) that a juvenile who suffers 
                                from an acute mental disorder, is 
                                suicidal, or is in need of medical 
                                attention due to intoxication is--
                                            ``(aa) placed in or 
                                        immediately transferred to an 
                                        appropriate medical or mental 
                                        health facility; and
                                            ``(bb) only admitted to a 
                                        secure correctional facility 
                                        with written medical clearance;
                                    ``(III) that--
                                            ``(aa) for a juvenile 
                                        identified by a screening as 
                                        needing a mental health 
                                        assessment, the mental health 
                                        assessment and any indicated 
                                        comprehensive evaluation or 
                                        individualized treatment plan 
                                        are written and implemented--

                                                    ``(AA) not later 
                                                than 2 weeks after the 
                                                date on which the 
                                                juvenile enters the 
                                                juvenile justice 
                                                system; or

                                                    ``(BB) if a 
                                                juvenile is entering a 
                                                secure facility, not 
                                                later than 1 week after 
                                                the date on which the 
                                                juvenile enters the 
                                                juvenile justice 
                                                system; and

                                            ``(bb) the assessments 
                                        described in item (aa) are 
                                        completed by qualified health, 
                                        mental health, and substance 
                                        abuse professionals;
                                    ``(IV) that--
                                            ``(aa) if the need for 
                                        treatment is indicated by the 
                                        assessment of a juvenile, the 
                                        juvenile is referred to or 
                                        treated by a qualified 
                                        professional;
                                            ``(bb) a juvenile who is 
                                        receiving treatment for a 
                                        mental health or substance 
                                        abuse need on the date of the 
                                        assessment continues to receive 
                                        treatment;
                                            ``(cc) treatment of a 
                                        juvenile continues until a 
                                        qualified mental health 
                                        professional determines that 
                                        the juvenile is no longer in 
                                        need of treatment; and
                                            ``(dd) treatment plans for 
                                        juveniles are reevaluated at 
                                        least every 30 days;
                                    ``(V) that--
                                            ``(aa) discharge plans are 
                                        prepared for an incarcerated 
                                        juvenile when the juvenile 
                                        enters the correctional 
                                        facility in order to integrate 
                                        the juvenile back into the 
                                        family and the community;
                                            ``(bb) discharge plans for 
                                        an incarcerated juvenile are 
                                        updated, in consultation with 
                                        the family or guardian of a 
                                        juvenile, before the juvenile 
                                        leaves the facility; and
                                            ``(cc) discharge plans 
                                        address the provision of 
                                        aftercare services;
                                    ``(VI) that any juvenile in the 
                                juvenile justice system receiving 
                                psychotropic medications is--
                                            ``(aa) under the care of a 
                                        licensed psychiatrist; and
                                            ``(bb) monitored regularly 
                                        by trained staff to evaluate 
                                        the efficacy and side effects 
                                        of the psychotropic 
                                        medications; and
                                    ``(VII) that specialized treatment 
                                and services are continually available 
                                to a juvenile in the juvenile justice 
                                system who has--
                                            ``(aa) a history of mental 
                                        health needs or treatment;
                                            ``(bb) a documented history 
                                        of sexual offenses or sexual 
                                        abuse, as a victim or 
                                        perpetrator;
                                            ``(cc) substance abuse 
                                        needs or a health problem, 
                                        learning disability, or history 
                                        of family abuse or violence; or
                                            ``(dd) developmental 
                                        disabilities;
                    ``(D) provide training, in conjunction with the 
                public or private agency that provides mental health 
                services, to individuals involved in making decisions 
                involving youth who enter the juvenile justice system 
                (including intake personnel, law enforcement, 
                prosecutors, juvenile court judges, public defenders, 
                mental health and substance abuse service providers and 
                administrators, probation officers, and parents) that 
                focuses on--
                            ``(i) the availability of screening and 
                        assessment tools and the effective use of such 
                        tools;
                            ``(ii) the purpose, benefits, and need to 
                        increase availability of mental health or 
                        substance abuse treatment programs (including 
                        home-based and community-based programs) 
                        available to juveniles within the jurisdiction 
                        of the recipient;
                            ``(iii) the availability of public and 
                        private services available to juveniles to pay 
                        for mental health or substance abuse treatment 
                        programs; or
                            ``(iv) the appropriate use of effective 
                        home-based and community-based alternatives to 
                        juvenile justice or mental health system 
                        institutional placement; and
                    ``(E) develop comprehensive collaborative plans to 
                address the service needs of juveniles with mental 
                health or substance abuse disorders who are at risk of 
                coming into contact with the juvenile justice system 
                that--
                            ``(i) revise and improve the delivery of 
                        intensive home-based and community-based 
                        services to juveniles who have been in contact 
                        with or who are at risk of coming into contact 
                        with the justice system;
                            ``(ii) determine how the service needs of 
                        juveniles with mental health or substance abuse 
                        disorders who come into contact with the 
                        juvenile justice system will be furnished from 
                        the initial detention stage until after 
                        discharge in order for these juveniles to avoid 
                        further contact with the justice system;
                            ``(iii) demonstrate that the State or unit 
                        of local government has entered into 
                        appropriate agreements with all entities 
                        responsible for providing services under the 
                        plan, such as the agency of the State or unit 
                        of local government charged with administering 
                        juvenile justice programs, the agency of the 
                        State or unit of local government charged with 
                        providing mental health services, the agency of 
                        the State or unit of local government charged 
                        with providing substance abuse treatment 
                        services, the educational agency of the State 
                        or unit of local government, the child welfare 
                        system of the State or local government, and 
                        private nonprofit community-based 
                        organizations;
                            ``(iv) ensure that the State or unit of 
                        local government has in effect any laws 
                        necessary for services to be delivered in 
                        accordance with the plan;
                            ``(v) establish a network of individuals 
                        (or incorporates an existing network) to 
                        provide coordination between mental health 
                        service providers, substance abuse service 
                        providers, probation and parole officers, 
                        judges, corrections personnel, law enforcement 
                        personnel, State and local educational agency 
                        personnel, parents and families, and other 
                        appropriate parties regarding effective 
                        treatment of juveniles with mental health or 
                        substance abuse disorders;
                            ``(vi) provide for cross-system training 
                        among law enforcement personnel, corrections 
                        personnel, State and local educational agency 
                        personnel, mental health service providers, and 
                        substance abuse service providers to enhance 
                        collaboration among systems;
                            ``(vii) provide for coordinated and 
                        effective aftercare programs for juveniles who 
                        have been diagnosed with a mental health or 
                        substance abuse disorder and who are discharged 
                        from home-based care, community-based care, any 
                        other treatment program, secure detention 
                        facilities, secure correctional facilities, or 
                        jail;
                            ``(viii) provide for the purchase of 
                        technical assistance to support the 
                        implementation of the plan;
                            ``(ix) estimate the costs of implementing 
                        the plan and proposes funding sources 
                        sufficient to meet the non-Federal funding 
                        requirements for implementation of the plan 
                        under subsection (c)(2)(E);
                            ``(x) describe the methodology to be used 
                        to identify juveniles at risk of coming into 
                        contact with the juvenile justice system;
                            ``(xi) provide a written plan to ensure 
                        that all training and services provided under 
                        the plan will be culturally and linguistically 
                        competent; and
                            ``(xii) describe the outcome measures and 
                        benchmarks that will be used to evaluate the 
                        progress and effectiveness of the plan.
            ``(2) Coordination and administration.--A State or unit of 
        local government receiving a grant under this section shall 
        ensure that--
                    ``(A) the use of the grant under this section is 
                developed as part of the State plan required under 
                section 223(a); and
                    ``(B) not more than 5 percent of the amount 
                received under this section is used for administration 
                of the grant under this section.
    ``(c) Application.--
            ``(1) In general.--A State or unit of local government 
        desiring a grant under this section shall submit an application 
        at such time, in such manner, and containing such information 
        as the Administrator may prescribe.
            ``(2) Contents.--In accordance with guidelines that shall 
        be established by the Administrator, each application for 
        incentive grant funding under this section shall--
                    ``(A) describe any activity or program the funding 
                would be used for and how the activity or program is 
                designed to carry out 1 or more of the activities 
                described in subsection (b);
                    ``(B) if any of the funds provided under the grant 
                would be used for evidence based or promising 
                prevention or intervention programs, include a detailed 
                description of the studies, findings, or practice 
                knowledge that support the assertion that such programs 
                qualify as evidence based or promising;
                    ``(C) for any program for which funds provided 
                under the grant would be used that is not evidence 
                based or promising, include a detailed description of 
                any studies, findings, or practice knowledge which 
                support the effectiveness of the program;
                    ``(D) if the funds provided under the grant will be 
                used for an activity described in subsection (b)(1)(D), 
                include a certification that the State or unit of local 
                government--
                            ``(i) will work with public or private 
                        entities in the area to administer the training 
                        funded under subsection (b)(1)(D), to ensure 
                        that such training is comprehensive, 
                        constructive, linguistically and culturally 
                        competent, and of a high quality;
                            ``(ii) is committed to a goal of increasing 
                        the diversion of juveniles coming under its 
                        jurisdiction into appropriate home-based or 
                        community-based care when the interest of the 
                        juvenile and public safety allow;
                            ``(iii) intends to use amounts provided 
                        under a grant under this section for an 
                        activity described in subsection (b)(1)(D) to 
                        further such goal; and
                            ``(iv) has a plan to demonstrate, using 
                        appropriate benchmarks, the progress of the 
                        agency in meeting such goal; and
                    ``(E) if the funds provided under the grant will be 
                used for an activity described in subsection (b)(1)(D), 
                include a certification that not less than 25 percent 
                of the total cost of the training described in 
                subsection (b)(1)(D) that is conducted with the grant 
                under this section will be contributed by non-Federal 
                sources.
    ``(d) Requirements for Grants To Establish Partnerships.--
            ``(1) Mandatory reporting.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall keep records of the incidence and 
        types of mental health and substance abuse disorders in their 
        juvenile justice populations, the range and scope of services 
        provided, and barriers to service. The State or unit of local 
        government shall submit an analysis of this information yearly 
        to the Administrator.
            ``(2) Staff ratios for correctional facilities.--A State or 
        unit of local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that a secure 
        correctional facility operated by or on behalf of that State or 
        unit of local government--
                    ``(A) has a minimum ratio of not fewer than 1 
                mental health and substance abuse counselor for every 
                50 juveniles, who shall be professionally trained and 
                certified or licensed;
                    ``(B) has a minimum ratio of not fewer than 1 
                clinical psychologist for every 100 juveniles; and
                    ``(C) has a minimum ratio of not fewer than 1 
                licensed psychiatrist for every 100 juveniles receiving 
                psychiatric care.
            ``(3) Limitation on isolation.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall require that--
                    ``(A) isolation is used only for immediate and 
                short-term security or safety reasons;
                    ``(B) no juvenile is placed in isolation without 
                approval of the facility superintendent or chief 
                medical officer or their official staff designee;
                    ``(C) all instances in which a juvenile is placed 
                in isolation are documented in the file of a juvenile 
                along with the justification;
                    ``(D) a juvenile is in isolation only the amount of 
                time necessary to achieve security and safety of the 
                juvenile and staff;
                    ``(E) staff monitor each juvenile in isolation once 
                every 15 minutes and conduct a professional review of 
                the need for isolation at least every 4 hours; and
                    ``(F) any juvenile held in isolation for 24 hours 
                is examined by a physician or licensed psychologist.
            ``(4) Medical and mental health emergencies.--A State or 
        unit of local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that a 
        correctional facility operated by or on behalf of that State or 
        unit of local government has written policies and procedures on 
        suicide prevention. All staff working in a correctional 
        facility operated by or on behalf of a State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall be trained and certified annually in 
        suicide prevention. A correctional facility operated by or on 
        behalf of a State or unit of local government receiving a grant 
        for an activity described in subsection (b)(1)(C) shall have a 
        written arrangement with a hospital or other facility for 
        providing emergency medical and mental health care. Physical 
        and mental health services shall be available to an 
        incarcerated juvenile 24 hours per day, 7 days per week.
            ``(5) IDEA and rehabilitation act.--A State or unit of 
        local government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall require that all juvenile facilities 
        operated by or on behalf of the State or unit of local 
        government abide by all mandatory requirements and timelines 
        set forth under the Individuals with Disabilities Education Act 
        (20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation 
        Act of 1973 (29 U.S.C. 794).
            ``(6) Fiscal responsibility.--A State or unit of local 
        government receiving a grant for an activity described in 
        subsection (b)(1)(C) shall provide for such fiscal control and 
        fund accounting procedures as may be necessary to ensure 
        prudent use, proper disbursement, and accurate accounting of 
        funds received under this section that are used for an activity 
        described in subsection (b)(1)(C).''.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Parts 
                C and E'' and inserting ``Parts C, E, and F'';
                    (B) in paragraph (1), by striking ``this title'' 
                and all that follows and inserting the following: 
                ``this title--
            ``(A) $245,900,000 for fiscal year 2010;
            ``(B) $295,100,000 for fiscal year 2011;
            ``(C) $344,300,000 for fiscal year 2012;
            ``(D) $393,500,000 for fiscal year 2013; and
            ``(E) $442,700,000 for fiscal year 2014.''; and
                    (C) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``parts C and E'' and 
                inserting ``parts C, E, and F'';
            (2) in subsection (b), by striking ``fiscal years 2003, 
        2004, 2005, 2006, and 2007'' and inserting ``fiscal years 2010, 
        2011, 2012, 2013, and 2014'';
            (3) in subsection (c), by striking ``fiscal years 2003, 
        2004, 2005, 2006, and 2007'' and inserting ``fiscal years 2010, 
        2011, 2012, 2013, and 2014'';
            (4) by redesignating subsection (d) as subsection (e); and
            (5) by inserting after subsection (c) the following:
    ``(d) Authorization of Appropriations for Part F.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out part F, and authorized to remain available until 
        expended, $80,000,000 for each of fiscal years 2010, 2011, 
        2012, 2013, and 2014.
            ``(2) Allocation.--Of the sums that are appropriated for a 
        fiscal year to carry out part F--
                    ``(A) not less than 40 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (C), (D), or (E) of section 
                271(b)(1); and
                    ``(B) not less than 50 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (A) of that section.''.

SEC. 212. ADMINISTRATIVE AUTHORITY.

    Section 299A(e) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5672(e)) is amended by striking ``requirements 
described in paragraphs (11), (12), and (13) of section 223(a)'' and 
inserting ``core requirements''.

SEC. 213. TECHNICAL AND CONFORMING AMENDMENTS.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended--
            (1) in section 204(b)(6), by striking ``section 
        223(a)(15)'' and inserting ``section 223(a)(16)'';
            (2) in section 246(a)(2)(D), by striking ``section 222(c)'' 
        and inserting ``section 222(d)''; and
            (3) in section 299D(b), of by striking ``section 222(c)'' 
        and inserting ``section 222(d)''.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

SEC. 301. DEFINITIONS.

    Section 502 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
            (1) in the section heading, by striking ``definition'' and 
        inserting ``definitions''; and
            (2) by striking ``this title, the term'' and inserting the 
        following: ``this title--
            ``(1) the term `mentoring' means matching 1 adult with 1 or 
        more youths (not to exceed 4 youths) for the purpose of 
        providing guidance, support, and encouragement aimed at 
        developing the character of the youths, where the adult and 
        youths meet regularly for not less than 4 hours each month for 
        not less than a 9-month period; and
            ``(2) the term''.

SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

    Section 504(a) of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5783(a)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) mentoring programs.''.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    Section 505 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended to read as 
follows:

``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title--
            ``(1) $322,800,000 for fiscal year 2010;
            ``(2) $373,400,000 for fiscal year 2011;
            ``(3) $424,000,000 for fiscal year 2012;
            ``(4) $474,600,000 for fiscal year 2013; and
            ``(5) $525,200,000 for fiscal year 2014.''.

SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.

    The Juvenile Justice and Delinquency Prevention Act of 1974 is 
amended by striking title V, as added by the Juvenile Justice and 
Delinquency Prevention Act of 1974 (Public Law 93-415; 88 Stat. 1133) 
(relating to miscellaneous and conforming amendments).
                                 <all>